Terms of Use


These TERMS OF USE (also referred to as this « Agreement ») is made between Mailjet, SAS (« Mailjet », « we », or « us ») and you, or, if you represent an employer or a client, that employer or client (in either case “You”).

Mailjet, a trade name and registered service mark, provides certain services relating to the distribution, analysis and management of email messages (the “Services”) through the website located at mailjet.com (the “Website”).

By clicking the sign up button, you agree to the terms of this Agreement.

PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, MAILJET IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES. IF YOU ACCESS OR USE THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

Mailjet reserves the right, at any time, to change, add or update the terms of this Agreement, by posting on the Website or by providing any other notice, such change, update, addition. Any addition, change or update will be effective immediately. Services are not available to individuals under the age of 18 or who do violate any of the qualifications included in this Agreement.

1. Charges & Payments

You can find our charges for monthly plans on our Website. Your subscription will be due and payable for any month on the same or closest date, to the date of the month you signed up and made you very first payment.

You grant Mailjet the right to charge the credit card or debit the bank account provided to Us for all fees incurred under this Agreement, as long as you are a customer or have an outstanding balance with us.

Mailjet reserves the right to change charges for monthly plans by posting the changes to the Website or notifying You by email.

All expenses required by the use of attorneys on your account will be at your charge.

2. Term, Termination and Removal

Mailjet may terminate the Term of this Agreement at any time, in Mailjet’s sole discretion: (a) at any time, for any reason during a free subscription; or (b) upon notice to You from Mailjet following any breach by You to this Agreement.

All fees, unused email credits owed by You will become immediately due and payable if we terminate You without cause. We will not reimburse you in case of threatened or suspected breach of this Agreement, applicable law or other inappropriate conduct as using our Services to send emails to people with whom your relationship does not meet the requirements of our Anti-Spam policy.

Upon termination or expiration of this Agreement, Mailjet may prohibit you from accessing your account and content held by Mailjet on our Website and any other storage.

3. Account & Password

You are responsible for maintaining the confidentiality of any account name and password provided to you. Each account ID is personal in nature and may be used only or designated employees if You are an organization. You will insure the security and confidentiality of your account ID and will notify immediately Mailjet of any unauthorized use of your account or if any account ID is lost or stolen. You acknowledge that You are fully responsible for all costs, liabilities or damages incurred through use of your account.

4. Proprietary Rights Owned by Mailjet

Mailjet retains all rights and title, including, but not limited to, any intellectual property rights, trademarks, rights of privacy. The Mailjet name, logo, Website, product or Services are trademarks of Mailjet SAS. You acknowledge that You are not receiving any ownership and no right or license is granted to You to use them apart from Your right to access the Services and Website under this Agreement.

5. Your content

You are responsible for all data, information and other content provided or collected by You. You grant to Mailjet all necessary rights to your Content in order to provide the Services. You represent and warrant that none of Your Content: (a) infringes, misappropriates or violates any intellectual property right of any third party, or is defamatory, harmful to minors, obscene or pornographic; (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (c) is false, misleading or inaccurate. Mailjet can’t be responsible for any destruction or loss of your content.

Upon termination or expiration of this Agreement, Mailjet may prohibit you from accessing your account and content held by Mailjet on our Website and any other storage.

6. You agree to the following

You will use correct information regarding your name, address, email address or any other information supplied. You will not share your password. You will strictly respect our Anti-Spam Policy. You agree that you must be at least 18 years old to use the Service. You agree that if you violate any terms of this Agreement, we reserve the right to cancel your account without refund. You agree to pay for emails you send even if messages are blocked by a third party.

7. Anti-Spam Rules

You recognize to have read our Anti-Spam Policy. If you send email to people who didn’t specifically requested email from you, or if we get an unusual amount of Spam complaints, Mailjet will shut down your account with no refund.

8. Warranties

Mailjet will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. Notwithstanding the foregoing, You remain solely and entirely responsible for Your compliance with, and will defend, indemnify and hold harmless Mailjet from and against any claims arising from any actual or alleged violation by You of any international, federal, state or local treaties, laws, rules, regulations or ordinances regarding Your use of or access to the site or services or regarding your business, products or services, INCLUDING, without limitation, regarding data and data privacy and the transmission of electronic mail messages, whether solicited or unsolicited.
By You. You hereby represent, warrant, and covenant for the benefit of Mailjet that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) all data, information or content You provide to Mailjet in connection with this Agreement and Your access to the Site and use of the Services is correct and current.

9. Limitation of Liability

In no event will Mailjet or any of his employees or representatives be liable for any indirect, incidental, punitive, special, exemplary or consequential damages, even if Mailjet or any of his employees or representative have been advised of the possibility of such damages, including, without limitation, loss of revenues, profits, business interruption, or loss of data. Mailjet total liability will not exceed the fees paid to Mailjet, if any, for the use of the Website and Services, for the one month preceding the date a claim is made.

10. Indemnity

Mailjet will, at its expense, defend You against any claims brought against You by a third party in the case that Your use of the Services, in accordance with this Agreement infringes any Mailjet related copyright, trade secret or trademark right. The foregoing obligations of Mailjet under this Section 10 are conditioned upon You providing Mailjet with: (a) notice of any such claim within 10 days after You receive written notice there of; (b) sole control over the defense and settlement of such claim; and (c) reasonable assistance in the defense and settlement of such claim.

By You. You hereby indemnify, defend, and hold harmless Mailjet and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site, Services or Mailjet Content, or any breach of this Agreement. Mailjet will provide You with notice of any such claim or allegation, and Mailjet will have the right to participate in the defense of any such claim at its expense.

11. Data Privacy

You consent to the use and disclosure of personally identifiable and other data and information as described in our Privacy Policy displayed on the Website.

12. Disclaimers

We are not responsible for the behaviors of other users or linked websites.

13. Reporting Violations

If you become aware that any person has posted material in violation of our rights or trademarks, or is violating one of the terms and conditions of this Website like spamming, please notify us immediately by sending an email at abuse@mailjet.com

14. Compliance With Law

In using the Services, you agree that you will comply with all applicable laws.

15. Applicable Law and Jurisdiction

French laws will govern this Agreement. Any action or lawsuit related to this agreement must be brought in French court, in the Tribunal de Commerce de Nantes.